https://www.slab.org.uk/guidance/approval-of-counsel-in-the-sheriff-court-factors-we-will-consider/
We consider that you are capable of conducting most cases in the sheriff court. It is unlikely, other than in the most exceptional circumstances, that we would allow counsel in a case before the Justice of the Peace court.
We will only approve the employment of counsel where you can demonstrate that their employment is appropriate. When assessing sanction applications we will consider the whole facts and circumstances of the case.
Please ensure that you give us sufficient information in order that we can properly weigh up any factors present.
Factors that we may take into account include:
Factors that are unlikely to support the employment of counsel include:
Sympathetic consideration may be given to applications to employ counsel in cases where it is likely that you will require to cross examine another solicitor practicing in the same court, or a Sheriff, procurator fiscal or Sheriff Clerk.
You should address:
There may be situations where the evidence of a court official is to be challenged on the basis of their dishonesty or alleged dereliction of duty. In such cases, it may be appropriate to approve counsel without seeking transfer of the case to another solicitor.
Circumstances would need to be exceptional in order for us to consider granting an approval to employ counsel in cases where you are unavailable due to personal, business or professional reasons.
In such circumstances, you should provide:
We are unlikely to grant sanction where:
Where you are unable to deal with a case because of a sudden illness or the illness or death of a partner or key member of staff, you should provide:
In rural areas where there is no experienced local bar we may give sympathetic consideration to an application for approval for counsel. In the first instance, you should consider requesting approval for an Opinion from counsel to assist you in the preparation and conduct of the trial. Thereafter, we may approve counsel to conduct the case but only where this is considered appropriate.